Terms of Service
HCM, Corporation (Perfetta): Terms of Service
Effective Date: 8/5/2018
HCM Corporation (sometimes referenced as Perfetta) (“HCM”, “Perfetta”, “We”, “Us” or “Our”) provides the www.perfettatcba.com website and associated products, services, and Content (collectively, the "Website"). These Terms of Service (“Agreement”) set forth the conditions that all users of the Website agree to be bound and sets forth a legally binding agreement between you (the “User” or “You”) and HCM, a California corporation, regarding the Website. The Website also provides access to certain Third Party Content as discussed below.
1. ACCEPTANCE OF TERMS OF SERVICE
YOU UNDERSTAND THAT YOU HAVE A DUTY TO READ THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING THE WEBSITE, YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE, INCUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS AND/OR CONTRIBUTORS OF CONTENT. THIS AGREEMENT CONTAINS INFORMATION ABOUT YOUR RIGHTS, REMEDIES AND DUTIES. YOU ARE PROHIBITED FROM USING THE WEBSITE IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT.
HCM retains the right to change the terms of this Agreement at any time and in its sole discretion. Should the terms of this Agreement change, the Effective Date of this Agreement will change as well. It is your responsibility to check this Agreement for changes. Your continued use of the Website after a change in the Effective Date of this Agreement will constitute your manifestation of assent to any changes.
You warrant that You are of sound mind and competent to agree to the terms of this Agreement, and that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which You live. You further warrant that You are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If You are accessing the Website on behalf of a governmental organization, non-governmental organization, or business entity, You warrant that You are an authorized agent of said organization or entity and that You have the authority to bind said organization or entity to the terms of this Agreement.
You further warrant and agree that (1) You are the person accessing the Website; (2) all information that You provide to HCM or the Website is true, accurate and correct; (3) You will not use any robot, spider or other automated device, or manual process to monitor or copy, in whole or in part, the Website or any Third Party Content or information available on or through the Website; and (4) You will not use any device, software or other means to interfere or attempt to interfere with the proper working of the Website, or that may damage, harm or harass HCM, its employees, Users, or any system, data or personal information contained on the Website.
4. COPYRIGHT POLICY AND LIABILITY FOR CONTENT
You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. HCM will not be considered a speaker or publisher of any information provided by a third party to the Website, regardless of whether HCM chooses to remove, suspend, change, or amend such information.
The Website, including its text, graphics and code, is Copyright © 2020 HCM, Corporation.
HCM will use reasonable efforts to respond to all duly issued notifications of alleged copyright infringement regarding the Website that are sent to HCM’s Digital Millennium Copyright Act designated agent, pursuant to 17 U.S.C. § 512.
All notices alleging copyright infringement must contain the following:
a. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b. Specific identification of the copyrighted works alleged to have been infringed;
c. The location of the copyrighted works on the Website;
d. The contact information of the notifying person(s) or entity, such as an address, telephone number, fax number, or email address;
e. A statement that the notifying person(s) or entity has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
f. A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or entity is authorized to act on behalf of the copyright owner.
Upon receipt of a notice of infringement, HCM will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:
g. Identification of the specific materials that have been removed from the Website;
h. The contact information of the notifying person(s) or entity, such as an address, telephone, fax number, or email address;
i. A statement, under penalty of perjury, that the notifying person(s) or entity has a good faith belief that the content was removed as a result of mistake or misidentification;
j. A statement that the notifying person(s) or entity has consent to the jurisdiction of the federal district court in which the notifying person(s) or entity address is located or, if outside of the United States, that the notifying person(s) or entity has consent to the jurisdiction of the federal courts where your service provider is located;
k. A statement that the notifying person(s) or entity will accept service of process from the notified party; and
l. The notifying person’s(s) or entity’s physical or electronic signature.
All notices of infringement and counter-notifications may be sent to email@example.com, with a copy to firstname.lastname@example.org. HCM will promptly terminate without notice the accounts of users that are determined by HCM to be “repeat infringers,” i.e., the user has been notified of infringing activity more than twice.
5. ONLINE STORE TERMS
HCM’s online store is hosted on Shopify Inc. They provide HCM with the online e-commerce platform that allows HCM to sell our products and services to You.
You may not use our products for any illegal or unauthorized purpose nor to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
We reserve the right to refuse service or the sale of products to anyone for any reason at any time.
You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any Products purchased or obtained by you will meet your expectations.
We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
All payments for products offered through the Website are non-refundable unless explicitly stated otherwise. All products purchased through the Website are subject to the same terms and conditions as the Website, including, but not limited to, the same license terms. You hereby authorize HCM’s payment processing (Shopify) to charge your credit card (or other approved payment facility).
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and You acknowledge and agree that HCM is not responsible for any foreign transaction fees or other fees charged to You by your financial institution or HCM’s payment processor.
In the event You dispute the amount or validity of any payments made under this Agreement, You must notify HCM within ten (10) days of any such payment. You understand that your failure to notify HCM of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
6. OWNERSHIP OF WEBSITE CONTENT AND PROPRIETARY RIGHTS
HCM owns or has licensed rights to the Website and all of its Content, including but not limited to its text, software, scripts, graphics, photos, videos, files, images, sounds, selection and arrangement, look and feel, and interactive features.
Other than Third Party Content or proprietary rights licensed from third parties, HCM is the owner of all intellectual property rights in the Website and all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up, appear on, or are accessible via the Website and/or the Website, including without limitation all copyrighted works, patents, trademarks, service marks, trade dress and trade names (the "Content"). You acknowledge that certain Content available on the Website is protected by copyright laws and treaties around the world, and trademark, patent, moral rights or other intellectual property rights of HCM or its licensors. Except as expressly provided herein, nothing within the Website or its Content shall be construed as conferring any right or license to You under any of HCM’s or its licensors’ intellectual property rights, whether by estoppel, implication, waiver or otherwise. All rights not expressly granted in this Agreement are expressly reserved to HCM.
The Website and its associated Content and Third Party Content, may not be used, modified, copied, dissected, cropped, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold or offered for sale, in any form or by any means, in whole or in part, without the prior written consent of HCM.
HCM’s trademarks, service marks, design marks, trade names, and logos including but not limited to the PERFETTA™ word mark and Perfetta™ logo and design mark, are registered or common law trademarks, service marks, design marks, trade names, or logos under the laws of the United States. You understand and agree that You may not use the trademarks, service marks, designs, or logos of HCM, or any colorable imitation thereof, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion, or to suggest an affiliation with HCM, or to unfairly compete with HCM without the prior written consent of HCM.
7. LIMITED LICENSE
HCM hereby grants You a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Website solely for the uses contemplated by this Agreement. Any use of the Website outside of the uses expressly stated in this Agreement is prohibited. Specifically, You are expressly prohibited from republishing, framing, modifying, reproducing, downloading, dissecting, cropping, transmitting, selling, incorporating, making derivative works of, or otherwise using the Website or its associated Content or Third Party Content without the prior written consent of HCM. You are expressly prohibited from using the Website or its Content or Third Party Content for pornographic, defamatory, or other unlawful purposes, using the Website or its Content or Third Party Content in electronic templates used to create electronic or printed products, using the Website or its Content or Third Party Content in physical or digital retail products, such as e-cards, calendars, posters, or screensavers, using the Website or its associated Content or Third Party Content for the purpose of enabling file-sharing of any image files contained therein, or using the Website and its associated Content or Third Party Content in logos, trademarks, service marks, or any other branding or identifiers. You are also expressly prohibited from reverse engineering, decompiling, or disassembling the Website or its Content or Third Party Content, removing any metadata associated with the Website or its Content or Third Party Content, enabling the download of the Website’s Content or Third Party Content on a stand-alone basis, and using any robots, data mining, framing, scraping, hacking, or other data gathering or extraction methods on the Website or its Content or Third Party Content. You agree that You will not make any derivative works of the Website or delete or modify the Website content in any way, including without limitation the removal of any copyright or trademark notification information.
You agree that the limited license granted to You will automatically terminate upon breach of any of the terms of this Agreement. HCM reserves the right to terminate your use of the Website, and your Registered Account, and delete any User Generated Content You may have submitted, at any time and in its sole discretion, for any reason including for a breach of this Agreement.
8. USER GENERATED CONTENT
You hereby provide HCM with an irrevocable, sublicensable, worldwide, perpetual, royalty-free, and non-exclusive license to use any content that You submit to the Website, including but not limited to text, photographs, videos, drawings, or other media files to be used for the purposes of the Website ("User Generated Content"). The purposes of the Website include but are not limited to the uploading, sharing, and consumption and/or storage of digital media files.
You agree and understand that You are giving HCM permission to publish, modify, reproduce, distribute, destroy, or otherwise utilize your User Generated Content for the purposes of the Website. You explicitly agree to waive all moral rights in your User Generated Content, whether or not such moral rights have been asserted anywhere in the world.
You warrant and agree that any User Generated Content that You submit to the Website will not violate or infringe upon the rights of third parties, including patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights. You warrant and agree that any User Generated Content You submit to the Website will not contain defamatory material or any other unlawful material. HCM retains the right to terminate your access to the Website and to delete your Registered Account without notice and in its absolute and sole discretion, including but not limited to for violating the rights of a third party or for defamation of a third party.
You agree and understand that it is your sole responsibility to backup any User Generated Content that You submit to the Website.
You agree that if You provide any ideas, feedback, and/or proposals (“Feedback”) to HCM regarding the Website or the associated products, such Feedback is not confidential and not proprietary, and You authorize HCM to use that Feedback without restriction and without any compensation to You. Accordingly, you hereby grant to HCM an irrevocable, sublicensable, worldwide, perpetual, royalty-free and nonexclusive license to use such feedback in any manner and for any purpose.
9. THIRD-PARTY LINKS
Certain Content, products and services available via Our Website may include materials from third-parties.
Third-party links on the Website may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. LIMITATION OF LIABILITY
THE WEBSITE IS OFFERED ON AN AS-IS BASIS. YOU UNDERSTAND AND AGREE THAT HCM MAKES NO WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, IMPLIED WARRANTIES, STATUTORY WARRANTIES, WARRANTIES FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU AND YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO DETERMINE YOUR RIGHTS AND OBLIGATIONS.
YOU UNDERSTAND AND AGREE THAT HCM IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER OF THE WEBSITE'S CONDUCT, THIRD PARTY ACTIONS, OR ANY CONTENT POSTED BY A THIRD PARTY.
HCM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A REGISTERED ACCOUNT, OR ALTERATION THEREOF.
YOU UNDERSTAND AND AGREE THAT HCM WILL NOT BE HELD LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, PENALTIES, AWARDS, OR JUDGMENTS THAT ARISE OUT OF OR IN RELATION TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, EXEMPLARY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES. YOU UNDERSTAND AND AGREE THAT HCM WILL NOT BE HELD LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT THAT YOU PAID FOR PRODUCTS ASSOCIATED WITH THE WEBSITE.
The availability of the Website and the User Generated Content may vary and is subject to HCM’s sole discretion. HCM reserves the right to discontinue the Website at any time, for any reason with or without notice.
You agree that You will hold harmless, defend, and indemnify HCM, including its owners, members, employees, agents, affiliates, directors, officers, attorneys, and board members, from and against all claims, damages, liabilities, penalties, costs, and judgments, including attorneys'; fees, that arise out of or in connection with your use of the Website, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless and indemnify HCM will survive the termination or failure of this Agreement and your use of the Website. Your obligation to defend HCM under the terms of this Agreement does not provide You with the right or ability to control HCM’s defense, and HCM reserves the right to control its defense and choose its counsel.
12. DELEGATION OF DUTIES
HCM reserves the right to delegate any of its duties under this Agreement to any other person, entity, or subcontractor.
13. DELEGATION OF RIGHTS
Under no circumstances are You permitted to assign or otherwise transfer the rights provided to You by this Agreement.
Failure of HCM to seek relief for your breach of any duty under this Agreement will not waive the right of HCM to seek relief for any subsequent breach.
15. DISPUTES AND CONTROLLING LAW
You agree that, for all legal and non-legal purposes, the Website is located in the State of California. You agree that the Website is a passive website and that the Website does not give rise to personal jurisdiction over HCM in jurisdictions other than California. This Agreement will be interpreted under and governed by the laws and legal principles of the State of California, without regard to conflicts of laws principles or statutes. Any dispute arising out of or in connection with this Agreement will be decided exclusively by, and venue will exclusively reside in, the federal and/or state courts of Los Angeles County, California.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN RELATION TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If, for any reason, any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain valid and unimpaired and will continue in force and effect.
18. ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by Us on the Website constitutes the entire agreement and understanding between You and Us and govern Your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The obligations and liabilities of HCM and You incurred prior to any termination of this Agreement shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us.
If in our sole judgment, You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website or products (or any part thereof).
HCM may assign its rights and obligations under these Terms and Conditions to any person or entity at its sole discretion. Additionally, HCM may assign its rights and obligations under these Terms and Conditions to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise.